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Social media and texting has been introduced as evidence in court for
several years but has been getting more attention lately. What makes
the case of the Ohio teens, who have been recently found guilty in
juvenile court, interesting is how public the trial was, says retired
Superior Court Judge Eugene Hyman.

What this case presents, from
an evidentiary standpoint when one is being prosecuted, is how the new
media is being used in terms of that prosecution, how it's being used in
terms of admittance, its foundational requirements and the right to
cross examine. Traditionally, Hyman says that juvenile court is
private but the judge in this case decided a public trial would benefit
in terms of confidence and understanding.

Under the law, Hyman
says it makes no difference if the penetration is being done for sexual
reasons, no matter the object being used. He also says that juveniles
that are being prosecuted are entitled to each of the same rights as
adults, with the only exception being the right to a jury trial. In an
adult court, the purpose is prosecution and in a juvenile court, the
purpose is accountability and rehabilitation. While confinement exists
in both, in juvenile court, the whole purpose is to rehabilitate,
therefore, there is no need for a jury trial.

In Hyman's
experience, there have been cases where a juvenile can spend more time
in a juvenile facility than they would have if they had gone to adult
court.

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